In the Supreme Court of the State of California

Transcription

1 In the Supreme Court of the State of California PLANNING AND CONSERVATION LEAGUE, v. Petitioner, ALEX PADILLA, in his official capacity as the Secretary of State of the State of California, Respondent, Case No. S TIMOTHY DRAPER, Proponent of Proposition 9, Real Party in Interest. PRELIMINARY RESPONSE OF CALIFORNIA SECRETARY OF STATE ALEX PADILLA DECLARATION OF JANA M. LEAN XAVIER BECERRA Attorney General of California THOMAS S. PATTERSON Senior Assistant Attorney General BENJAMIN M. GLICKMAN Supervising Deputy Attorney General *JOHN W. KILLEEN Deputy Attorney General State Bar No I Street, Suite 125 P.O. Box Sacramento, CA Telephone: (916) Fax: (916) John.Killeen@doj.ca.gov Attorneys for Respondent Alex Padilla in his official capacity as California Secretary of State 1

2 Respondent Alex Padilla, California Secretary of State, submits this preliminary response to the writ petition filed by Petitioner Planning and Conservation League. Petitioner seeks a writ of mandate to restrain Respondent from taking steps to place an initiative measure Proposition 9 on the November 6, 2018 general election ballot. Respondent takes no position on the merits of Petitioner s challenge to the constitutionality of Proposition 9. Respondent also takes no position on Petitioner s request for pre-election review of Proposition 9. If the Court decides that pre-election review of Proposition 9 is appropriate, Respondent requests that this proceeding be resolved by July 23, 2018 (the day before the general election statewide voter information guide goes on public display) or, if that is not possible, by 5:00 p.m. on August 13, 2018 (the day the Secretary of State transmits the final voter information guide to the State Printer). (Declaration of Jana M. Lean, 6-9.). Dated: July 13, 2018 Respectfully submitted, XAVIER BECERRA Attorney General of California THOMAS S. PATTERSON Senior Assistant Attorney General BENJAMIN M. GLICKMAN Supervising Deputy Attorney General /s/ John W. Killeen JOHN W. KILLEEN Deputy Attorney General Attorneys for Respondent Alex Padilla in his official capacity as California Secretary of State SA _2.doc 2

3 CERTIFICATE OF COMPLIANCE I certify that the attached PRELIMINARY RESPONSE OF CALIFORNIA SECRETARY OF STATE ALEX PADILLA uses a 13 point Times New Roman font and contains 152 words. Dated: July 13, 2018 XAVIER BECERRA Attorney General of California THOMAS S. PATTERSON Senior Assistant Attorney General BENJAMIN M. GLICKMAN Supervising Deputy Attorney General /s/ John W. Killeen JOHN W. KILLEEN Deputy Attorney General Attorneys for Respondent Alex Padilla in his official capacity as California Secretary of State 3

4 DECLARATION OF JANA M. LEAN I, Jana M. Lean, declare as follows: 1. I am the Chief of the Elections Division, employed in the Office of the California Secretary of State. I have served in that capacity at all times pertinent to this action. 2. The Secretary of State is empowered by statute to perform numerous duties regarding California ballot measures. These include the placing of qualified initiatives and other ballot measures on the statewide ballot, the solicitation of arguments in favor of and against proposed ballot measures, the preparation and distribution of the state voter information guide, and the overall supervision of the State s election process. 3. To date, 12 measures have qualified to be placed on the ballot for the Statewide General Election on November 6, Proposition 9 is one of the eligible measures. 4. By statute, the state voter information guide must be mailed to approximately 11.5 million households in ten different languages under strict statutory deadlines. Under applicable law, the Secretary of State must begin mailing the state voter information guide to registered voters by September 27, 2018 (pursuant to Elections Code section 9094). 5. To comply with the aforementioned statutory duty to mail the voter information guide to approximately 11.5 million households in ten different languages, the statute requires that the Secretary of State designate several process deadlines following the ballot measure qualification deadline of June 28, 2018 (some of which have already occurred). (Elec. Code, 9060 et seq.) These deadlines provide the Secretary of State the amount of time necessary to prepare the voter information guide for print: 4

5 a. By July 10, 2018, arguments for or against each qualified statewide ballot measure had to be filed with the Secretary of State; b. By July 15, 2018, the Secretary of State must select arguments for inclusion in the voter information guide, where more than one argument has been submitted in favor or against the same measure, and exchange them with opposing authors so that they may prepare and file rebuttal arguments pursuant to Elections Code section 9069; c. By July 19, 2018, the Legislative Analyst and Legislative Counsel must provide all official analyses, Yes and No statements, and texts of the statewide ballot measures that have qualified for the general election ballot, and a statement of bond debt; d. By July 19, 2018, selected argument authors must submit rebuttal arguments and summary information for or against ballot measures qualified for the general election ballot. 6. As noted above, the entire process by which ballot measures are qualified for and placed on the ballot is subject to stringent time constraints imposed by law. On July 24, 2018, as required by law, the Secretary of State must place the state voter information guide on public display for a 20-day period ending on August 13, 2018 (pursuant to Elections Code section 9092). 7. I am informed and believe that, due to strict printing and logistical constraints, the State Printer must receive the final version of the state voter information guide by 5:00 p.m. on August 13, 2018, in order to 5

6 ensure that over 13 million required copies of the guide will be printed, bound, and distributed within the legally prescribed deadline. Printing of the guides in ten languages (English plus nine other languages) takes approximately four to six weeks. Under applicable law, guides must begin to be mailed to registered voters by September 27, 2018, and the mailing must be completed by October 16, 2018 (pursuant to Elections Code section 9094). 8. Given the strict printing and logistical constraints, a resolution of this case by July 23, 2018, would enable the Office of the Secretary of State to meet its statutory duty to make an accurate voter information guide indicating what will appear on the ballot available for public display between July 24, 2018, and August 13, 2018, and avoid unnecessary costs for typesetting and proofing additional materials for printing which occurs during the public display period. 9. If it is not possible to resolve this case by July 23, 2018, then a resolution of this case by August 13, 2018 would enable the Office of the Secretary of State to provide a complete and accurate voter information guide to the State Printer, which will begin to print and bind the voter information guides after 5:00 p.m. on August 13, I have personal knowledge of these facts and would competently testify to them if called as a witness to these proceedings. / / / / / / / / / / / / / / / 6

7 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 13th day of July, 2018, at Sacramento, California. 7

8 DECLARATION OF ELECTRONIC SERVICE AND SERVICE BY U.S. MAIL Case Name: No.: Planning and Conservation League v. Padilla (Draper) S I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collecting and processing electronic and physical correspondence. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. Correspondence that is submitted electronically is transmitted using the TrueFiling electronic filing system. Participants who are registered with TrueFiling will be served electronically. Participants in this case who are not registered with TrueFiling will receive hard copies of said correspondence through the mail via the United States Postal Service or a commercial carrier. On July 13, 2018, I electronically served the attached PRELIMINARY RESPONSE OF CALIFORNIA SECRETARY OF STATE ALEX PADILLA; DECLARATION OF JANA M. LEAN by transmitting a true copy via this Court's TrueFiling system. Because one or more of the participants in this case have not registered with the Court's TrueFiling system or are unable to receive electronic correspondence, on July 13, 2018, I placed a true copy thereof enclosed in a sealed envelope in the internal mail collection system at the Office of the Attorney General at 1300 I Street, Suite 125, P.O. Box , Sacramento, CA , addressed as follows: Carlyle Hall Law Offices of Carlyle W. Hall, Jr Krim Drive Los Angeles, CA Attorney for Petitioner Michael J. Miguel McKool Smith Hennigan, P.C. 300 South Grand Ave., Suite 2900 Los Angeles, CA Attorney for Petitioner Robert W. Mockler McKool Smith Hennigan, P.C. 300 South Grand Ave., Suite 2900 Los Angeles, CA Attorney for Petitioner Timothy Cook Draper 2882 Sand Hill Road, Suite 150 Menlo Park, CA Real Party in Interest Kirk D. Dillman McKool Smith Hennigan, P.C. 300 South Grand Ave., Suite 2900 Los Angeles, CA Attorney for Petitioner

9 I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on July 13, 2018, at Sacramento, California. Tracie L. Campbell. ~~ ~~jf Declarant Signatur S/\ docx

10 PROOF OF SERVICE STATE OF CALIFORNIA Supreme Court of California STATE OF CALIFORNIA Supreme Court of California Case Name: PLANNING AND CONSERVATION LEAGUE v. PADILLA (DRAPER) Case Number: S Lower Court Case Number: 1. At the time of service I was at least 18 years of age and not a party to this legal action. 2. My address used to e-serve: John.Killeen@doj.ca.gov 3. I served by a copy of the following document(s) indicated below: Title(s) of papers e-served: Filing Type Document Title PRELIMINARY OPPOSITION Preliminary Response of Sec of State Padilla Service Recipients: Person Served Address Type Date / Time John Killeen John.Killeen@doj.ca.gov e- 7/13/2018 California Dept of Justice, Office of the Attorney General Service 1:43:06 PM Robert Mockler rmockler@mckoolsmithhennigan.com e- 7/13/2018 McKool Smith Hennigan, P.C Service 1:43:06 PM Timothy Draper timdraper.com e- 7/13/2018 Court Added Service 1:43:06 PM Tracie Campbell tracie.campbell@doj.ca.gov e- 7/13/2018 California Dept of Justice, Office of the Attorney General Service 1:43:06 PM This proof of service was automatically created, submitted and signed on my behalf through my agreements with TrueFiling and its contents are true to the best of my information, knowledge, and belief. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 7/13/2018 Date /s/john Killeen Signature Killeen, John (258395) Last Name, First Name (PNum) California Dept of Justice, Office of the Attorney General

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